(i) Child of the woman whether legitimate or illegitimate [must be 18 years old and below]

[take note: pwede naming above 18 as long as the child is unable to fully take care of himself/herself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition.

Pansinin mo ang “sexual violence” as a form of abuse. This can be committed not only against the woman pero pati dun sa bata ha. Kasama sa abuse na ito ang mga sumusunod:

a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim’s body, forcing her/him (“him” kasi pwedeng gawin ito sa bata at ang bata ay di limited sa babaeng bata lamang) to watch obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or make films thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser;

b) acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or threat of physical or other harm or coercion; and

withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code;

Art. 73. Either spouse may exercise any legitimate profession, occupation, business or activity without the consent of the other. The latter may object only on valid, serious, and moral grounds.

In case of disagreement, the court shall decide whether or not:

(1) The objection is proper; and

(2) Benefit has occurred to the family prior to the objection or thereafter. If the benefit accrued prior to the objection, the resulting obligation shall be enforced against the separate property of the spouse who has not obtained consent.

The foregoing provisions shall not prejudice the rights of creditors who acted in good faith.

2. deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common;

3. destroying household property;

4. controlling the victim’s own money or properties or solely controlling the conjugal money or properties.

Oo nga pala. Material dito sa batas na ito na ang “offender” must have or had a relationship with the woman or child’s mother in order for the offender to be liable. Otherwise, he can be prosecuted for other special law gaya ng Anti-Trafficking of Persons (R.A. 9208) or even Child Abuse (R.A. 7610).

“With more reason, therefore, the principle of conspiracy under Article 8 of the RPC may be applied suppletorily to R.A. No. 9262 because of the express provision of Section 47 that the RPC shall be supplementary to said law. Thus, general provisions of the RPC, which by their nature, are necessarily applicable, may be applied suppletorily.

“Thus, the principle of conspiracy may be applied to R.A. No. 9262. For once conspiracy of action in concert to achieve a criminal design is shown, the act of one is the act of all the conspirators, and the precise extent or modality of participation of each of them becomes secondary, since all the conspirators are principals.”